The Oklahoma Bar Journal April 2023

attack. This is not to discourage you to act but to convey that some approaches are better than others. Approaching a colleague from a place of concern and not of confrontation is a better approach. Also, leaving out your suspicion of certain specific diagnoses, such as “dementia,” is recommended. Leave that to the medical professionals to diagnose. And remember, it is far better to approach someone before it becomes a malpractice or profes sional responsibility issue for them. I have met plenty of older attor neys who are sharp as a tack and who could go head-to-head with the best lawyers in the state, so this article is certainly not intended to be ageist in the least. But it serves as a cautionary tale for those whose cognitive decline cannot and should not be ignored. Medical and professional assistance is available to those who are struggling. estate planning in Tulsa and is also licensed in Iowa and Minnesota. She has a passion for mental health and victims’ rights advocacy. ENDNOTES 1. 2022 ABA Profile of the Legal Profession report (July 18, 2022) (available at http://bit.ly/3ESYo5). 2. Cognitive Impairment: A Call for Action, Now! (available at https://bit.ly/3EWWDEu). 3. “More than Normal Aging: Understanding Mild Cognitive Impairment” (available at https://bit.ly/3YkXkye). 4. 2022 Alzheimer’s Disease Facts and Figures (available at https://bit.ly/41HvUW9). 5. “Warning Signs of Dementia for Legal Professionals” (available at https://bit.ly/3moKTnK). 6. Hudson Jr., David L., ABA Journal , “Lawyers and cognitive decline: Diminished capacity may bring ethics problems for sufferers” (available at http://bit.ly/3EU9qHy) (Sept. 1, 2018). ABOUT THE AUTHOR Rhiannon K. Baker is a 2009 graduate of the TU College of Law with highest honors. She practices elder law and

Rule 8.3: Reporting Professional Misconduct This rule comes into play for all of us, and we need to be aware of our reporting obligations under the rule. It states, “A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appro priate professional authority.” Given the specialized nature of our work and the opportunities we have to notice the performance of other lawyers, we are in a good posi tion to pick up on and notice cogni tive decline in our peers. Noticing cognitive decline in our colleagues is one thing, but doing something about it is another. It is a tricky, sen sitive and difficult subject to broach. It is often easier to get involved in cases of substance abuse or mental health problems because that can mean saving someone’s career. Whereas in the case of progressing dementia, intervening often means ending one. Nonetheless, we need to stop encouraging denial, have the uncomfortable conversations and make the hard decisions. Oftentimes, the attorney is given great deference due to their many years of experience and the nega tive stigma surrounding cognitive decline. Others do not want to address the issue out of respect or fear of being wrong. The hesitancy is understandable. Recommending assistance to one’s colleague should not be undertaken lightly. An insinu ation that a fellow attorney is experi encing cognitive decline is likely to be seen as a personal and professional RECOMMENDING ASSISTANCE AND OFFERING HELP

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

APRIL 2023 | 11

THE OKLAHOMA BAR JOURNAL